Joseph vs Maneesh J Kappan
2022 Latest Caselaw 1370 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT
                   THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
            Tuesday, the 1st day of February 2022 / 12th Magha, 1943
                              OP(C) NO. 191 OF 2022

E.P NO.35/2017 IN OS 8/2016 OF SUB COURT / COMMERCIAL COURT, THODUPUZHA, IDUKKI

  PETITIONERS/ JUDGMENT DEBTORS IN EP NO. 35/2017 IN OS NO. 8/2016 OF THE SUB
  COURT, THODUPUZHA:

     1. JOSEPH AGED 65 YEARS MULLAKKARAYIL HOUSE, ELAMDESOM KARA,
        VELLIYAMATTOM VILLAGE, THODUPUZHA TALUK, IDUKKI-685 581.

     2. TESSY @ PUSHPA, AGED 61 YEARS W/O JOSEPH, MULLAKKARAYIL HOUSE,
        ELAMDESOM KARA, VELLIYAMATTOM VILLAGE, THODUPUZHA TALUK, IDUKKI-685
        581.

  RESPONDENT/ DECREE HOLDER IN EP NO. 35/2017 IN O.S NO. 8/2016 OF THE SUB COURT
  THODUPUZHA:

       MANEESH J KAPPAN S/O JOHN JESEPH, VALIYAKAPPIL HOUSE, PALA, LALAM
       VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT-686 575


       OP (Civil) praying inter alia that in the circumstances stated in
  the affidavit filed along with the OP(C) the High Court be pleased to stay
  all further proceedings in EP No. 35/2017 in O.S No. 8/2016 on the files
  of Hon'ble Sub court, Thodupuzha, including the proposed sale posted on
  04-02-2022 till the disposal of the original petition (Civil), in the
  interest of justice.


       This petition coming on for admission upon perusing the petition and
  the affidavit filed in support of OP(C) and upon hearing the arguments of
  M/S J.JULIAN XAVIER, FIROZ K.ROBIN, ROY JOSEPH & JOSE. V.V. (THENGATHARA),
  Advocates for the petitioners, the court passed the following:


                                                                       [PTO]
               A.BADHARUDEEN, J.
     ----------------------------------
           O.P.(C).No.191 of 2022
     ----------------------------------
     Dated this the 1st day of February, 2022

                         O R D E R

Heard the learned counsel for the

petitioners/Judgment Debtors in E.P.

No.35/2017 in O.S.No.8/2016 on the file of

Sub Court, Thodupuzha.

2. This Original Petition has been filed

challenging the commission report in this

case, whereby a portion of the property of

the Judgment Debtors for sale to release the

decree debt.

3. On going through the order impugned,

I could find no merits. However, it is

submitted by the learned counsel for the

petitioners that the petitioners are ready to

pay off the decree debt.

Accordingly, it is ordered that the sale

proposed to be held on 04.02.2022 shall

stands adjourned to 05.03.2022, on condition O.P.(C) No.191/2022

that the petitioners shall deposit

Rs.15,00,000/- (Rupees Fifteen Lakhs only) on

or before 02.03.2022, before the court below.

Post on 03.03.2022.

Issue notice to respondent to appear on

03.03.2022.

Sd/-

A.BADHARUDEEN, JUDGE ww

01-02-2022 /True Copy/ Assistant Registrar